Bill Text: FL S1300 | 2018 | Regular Session | Introduced
Bill Title: Public Nuisances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Criminal Justice [S1300 Detail]
Download: Florida-2018-S1300-Introduced.html
Florida Senate - 2018 SB 1300 By Senator Perry 8-00861-18 20181300__ 1 A bill to be entitled 2 An act relating to public nuisances; amending s. 3 823.05, F.S.; providing that the use of a location by 4 a criminal gang, criminal gang members, or criminal 5 gang associates for the purpose of engaging in 6 criminal gang-related activity is a public nuisance; 7 providing that any place or premises that has been 8 used on more than two occasions within a certain 9 period as the site of specified violations is declared 10 a nuisance and may be abated or enjoined pursuant to 11 specified provisions; making technical changes; 12 providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 823.05, Florida Statutes, is amended to 17 read: 18 823.05 Places and groups engaged in certain activities 19criminal gang-related activitydeclared a nuisance; abatement 20 and enjoinmentmassage establishments engaged in prohibited21activity; may be abated and enjoined.— 22 (1) A person who erects, establishes, continues, maintains, 23 owns, or leases any of the following is deemed to be maintaining 24 a nuisance, and the building, erection, place, tent, or booth, 25 and the furniture, fixtures, and contents of such structure, are 26 declared a nuisance, and all such places or persons shall be 27 abated or enjoined as provided in ss. 60.05 and 60.06: 28 (a) AWhoever shall erect, establish, continue, or29maintain, own or lease anybuilding, booth, tent, or place that 30whichtends to annoy the community or injure the health of the 31 community,or becomesbecomemanifestly injurious to the morals 32 or manners of the people as provideddescribedin s. 823.01., or33 (b) Aanyhouse or place of prostitution, assignation, or 34 lewdness.or35 (c) A place or building in which persons engage inwhere36 games of chanceare engagedin violation of law.or37 (d) Aanyplace where any law of the state is violated,38shall be deemed guilty of maintaining a nuisance, and the39building, erection, place, tent or booth and the furniture,40fixtures, and contents are declared a nuisance. All such places41or persons shall be abated or enjoined as provided in ss. 60.0542and 60.06. 43 (2)(a) As used in this subsection, the terms “criminal 44 gang,” “criminal gang member,” “criminal gang associate,” and 45 “criminal gang-related activity” have the same meanings as 46 provided in s. 874.03. 47 (b) A criminal gang, criminal gang member, or criminal gang 48 associate who engages in the commission of criminal gang-related 49 activity is a public nuisance. Any and all such persons shall be 50 abated or enjoined as provided in ss. 60.05 and 60.06. 51 (c) The use of a locationon two or more occasionsby a 52 criminal gang, criminal gang members, or criminal gang 53 associates for the purpose of engaging in criminal gang-related 54 activity is a public nuisance. Such use of a location as a 55 public nuisance shall be abated or enjoined as provided in ss. 56 60.05 and 60.06. 57 (d) Nothing in this subsection shall prevent a local 58 governing body from adopting and enforcing laws consistent with 59 this chapter relating to criminal gangs and gang violence. Where 60 local laws duplicate or supplement this chapter, this chapter 61 shall be construed as providing alternative remedies and not as 62 preempting the field. 63 (e) The state, through the Department of Legal Affairs or 64 any state attorney, or any of the state’s agencies, 65 instrumentalities, subdivisions, or municipalities having 66 jurisdiction over conduct in violation of a provision of this 67 chapter may institute civil proceedings under this subsection. 68 In any action brought under this subsection, the circuit court 69 shall proceed as soon as practicable to the hearing and 70 determination. Pending final determination, the circuit court 71 may at any time enter such injunctions, prohibitions, or 72 restraining orders, or take such actions, including the 73 acceptance of satisfactory performance bonds, as the court may 74 deem proper. 75 (3) A massage establishment as defined in s. 480.033(7) 76 that operates in violation of s. 480.0475 or s. 480.0535(2) is 77 declared a nuisance and may be abated or enjoined as provided in 78 ss. 60.05 and 60.06. 79 (4) Any place or premises that has been used on more than 80 two occasions within a 6-month period as the site of any of the 81 following violations is declared a nuisance and may be abated or 82 enjoined as provided in ss. 60.05 and 60.06: 83 (a) Section 812.019, relating to dealing in stolen 84 property. 85 (b) Section 784.011, s. 784.021, s. 784.03, or s. 784.045, 86 relating to assault and battery. 87 (c) Section 810.02, relating to burglary. 88 (d) Section 812.014, relating to theft. 89 (e) Section 812.131, relating to robbery by sudden 90 snatching. 91 Section 2. This act shall take effect July 1, 2018.